Conflict of Laws Flashcards by Samantha Sheehan

Individual Domicile COL

Where present with

Intent to permanently remain

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Infants Domicile COL

Where custodial parent(s) domiciled

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Incompetents Domicile COL

Retains parents’ domicile UNLESS
Competent, chose domicile, and
Then became incompetent

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Corporations Domicile COL

Always state where incorporated

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COL Limitations

Constitution
Statute
Agreements between parties

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Constitutional Due Process COL Limitations

Forum state may apply own law to case if
Significant contact or significant
Aggregation of contacts with state such that
Choice of law neither arbitrary nor fundamentally unfair

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Full Faith and Credit COL Limitations

Requires forum to apply law of another state when
Forum state has no contacts with or
Interest in controversy UNLESS
Violation of own legitimate public policy

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State Statutes COL Limitations

Requires certain COL rules to be applied in

Particular cases

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Fed Statutes COL Limitations

Fed statutes may preempt state from claiming JDX

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Contractual COL Limitations

Will enforce if:
Valid agreement with effective COL clause
Applicable to lawsuit under terms of k
Reasonably related to lawsuit
Not in violation of public policy of forum or
Another interested state

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Exception to Contractual COL Limitations

No reasonable basis for choice OR true

Consent not given due to fraud or mistake

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Vested Rights COL

Law of JDX where parties’ rights were vested
i.e. where act or relationship that gave rise to
COA occurred or created

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Torts Vested Rights COL

Where last event necessary to make

Actor liable took place

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K Vested Rights COL

Where k was executed (validity,
Defenses to formation, interpretation) or
Where performed (performance issues or
Excuses to nonperformance)

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Most Significant Relationship (Restatement 2nd) COL

Law of state with most significant

Relationship to issue

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Torts Most Significant Relationship (Restatement 2nd) COL

Policy reviewed to determine substantive law 
Taking into account: 
Place of injury,
Place where conduct occurred
Domicile
Relationship of parties centered

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K Most Significant Relationship (Restatement 2nd) COL

Policy factors
Location of contracting, negotiating, or performance
Where SM is located
Domicile
Default rules UNLESS another state found to
Have more significant relationship

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Land K Most Significant Relationship (Restatement 2nd) COL

Law of state where land is located

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Personalty K Most Significant Relationship (Restatement 2nd) COL

Law of state where delivery occurs

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Life Insurance K Most Significant Relationship (Restatement 2nd) COL

Insured’s domicile.

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Casualty Insurance K Most Significant Relationship (Restatement 2nd) COL

Where insured risk located

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Loans Most Significant Relationship (Restatement 2nd) COL

Where repayment required

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Suretyship K Most Significant Relationship (Restatement 2nd) COL

Law governing principal obligation

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Transportation K Most Significant Relationship (Restatement 2nd) COL

State of departure

Governmental Interest COL

Presumes forum will apply own law but May request another state’s laws because Greater interest in outcome Policy comparing

False Conflict Governmental Interest COL

Forum has no interest in litigation | Law of state that does

True Conflict Governmental Interest COL

Forum and another state each have interest Forum reviews policies and if cannot be resolved Forum law applies

Disinterested Governmental Interest COL

When no state has interest | Forum state law applies

Diversity Cases in Fed COL

Fed courts required to apply COL rules of State in which sits but if case is transferred From one Fed court to another Fed court First state’s COL laws apply

Depecage COL

Law of one state to govern one or more issues While other issues are controlled by law of One or more other states

Renvoi COL

Requires court applying another state’s laws to Also apply COL laws Generally REJECTED

Fed Tort Claim Renvoi COL

Requires application of whole law | Only place where not rejected

Tangible Personal Property COL

Law of state where physically located unless | UCC or governmental interest approach applies

Intangible Property COL

Law of state in which intangible was created or Transfer was applied unless UCC or governmental Interest approach applies

Real Property COL

Situs

Trust Transfers COL

Governed by type of property

Trust Admin COL

Law of place where administered

Inheriting Personal Property COL

Law of deceased’s domicile at time of death

Marriage COL

Valid where took place and recognized | In all other states

Exception to Marriage COL

If violates prohibitory rule of domicile of one | Parties, void if return there and become domiciled

Divorce COL

Plaintiff’s domicile.

Legitimacy COL

Law of domicile of parent whose | Relationship to child in question

Adoption COL

Forum law

Workers Comp COL

Any state with legitimate interest in | Injury and consequences

One or more States Workers Comp COL

Compare workers’ compensation statutes Before filing claim Double recovery not permitted.

Procedural Defenses Against App of Foreign Law

Forum’s laws of procedure determined by state | Law always govern

Types of Uncommon Procedural Defenses Against App of Foreign Law

Admissibility of evidence Existence or validity of privilege Parol evidence rule Statute of limitations (unless limits statutory right, vests due to AP, etc.)

Laws against public policy Defenses Against App of Foreign Law

Forum MAY refuse to apply it

Penal Laws Defenses Against App of Foreign Law

Forum will NEVER apply foreign penal laws

Full Faith & Credit Recognition of Foreign Judgment

If valid final judgment on merits Judgment will receive same effect in other states As receives in state where rendered

Defense Full Faith & Credit Recognition of Foreign Judgment

Penal judgments Equitable defenses Inconsistent judgments

Non-Defense Full Faith & Credit Recognition of Foreign Judgment

Erroneous proceedings NOT defense

Comity Recognition of Foreign Judgment

Discretion to decide whether to recognize | Foreign country’s judgments

Uniform Foreign Money-Judgments Recognition Act Comity Recognition of Foreign Judgment

Must recognize judgments that grant or deny Specific lump sums of money but excludes: Judgments for taxes Alimony Child support Penal judgments

Divorce Recognition of Foreign Judgment

Valid divorce decrees entitled to | Full faith and credit

Bilateral Divorce Recognition of Foreign Judgment

If PJ over both spouses and at least one Spouse domiciled in state Divorce judgment valid Extends to all related property and alimony issues

Ex Parte Divorce Recognition of Foreign Judgment

``` Must have SMJ over both spouses and PJ over one spouse but full faith and credit Will not extend to property rights, Alimony, child support UNLESS Non-domiciled spouse agrees ```

Child Custody Recognition of Foreign Judgment

Under the UCCJEA, can make initial custody Decisions if home state Full faith and credit would apply